PART 2Amendment of primary legislation

Amendment of the Gender Recognition Act 2004I12

1

The Gender Recognition Act 2004 M1 is amended as follows.

2

In section 21 (foreign gender change and marriage), in subsection (6), for “enforceable EU right” substitute “ right which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.

Amendment of the Civil Partnership Act 2004I23

1

The Civil Partnership Act 2004 M2 is amended as follows.

2

In section 216 (the same-sex requirement), in subsection (6), for “enforceable EU right” substitute “ right which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.

Amendment of the Equality Act 2006I34

1

The Equality Act 2006 M3 is amended as follows.

2

In section 28 (legal assistance)—

a

in subsection (12)—

i

for “a provision of” substitute “ anything in retained ”;

ii

insert “ a provision of ” before “the Equality Act 2010”.

b

in subsection (13)—

i

in paragraph (a), for “a provision of” substitute “ anything in retained ”;

ii

in paragraph (b), insert “ (as it had effect before exit day) ” after “ as required by EU law ”.

Amendment of the Equality Act 2010I45

1

The Equality Act 2010 M4 is amended as follows.

2

In section 140AA (extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes), in subsection (1)—

a

omit paragraph (a);

F1b

for paragraph (b), substitute—

  • “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542)

c

for paragraph (d), substitute “ “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution ”;

F2ca

after paragraph (d), insert—

da

“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

d

for paragraph (f), substitute—

“relevant dispute” means a dispute that—

a

concerns obligations under a F3sales contract or a service contract , and

b

is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure.

F4e

after paragraph (f), insert—

g

“sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;

h

“service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;

i

“trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

3

In section 162 (designated transport facilities), omit subsection (4).

4

Omit section 203 (harmonisation) and Schedule 24.

5

Omit section 204 (harmonisation: procedure).

6

In section 208 (Ministers of the Crown, etc.), in subsection (5), omit paragraph (h).

7

In Schedule 3 (services and public functions: exceptions),

a

in paragraph 15A (immigration)—

i

in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “ relevant functions ”;

ii

in sub-paragraph (4)(b), for the words from “by a” to the end substitute “ by or under anything mentioned in sub-paragraph (5)(a) to (c) ”;

iii

in sub-paragraph (5)—

aa

for “The relevant enactments are” substitute “ “Relevant functions” means functions exercisable by virtue of ”;

bb

in paragraph (b), at the end insert “ or ”;

cc

in paragraph (c), for the words from the beginning to “which” substitute “ anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and ”;

dd

omit paragraph (d) and the “and” before it;

b

in paragraph 17 (immigration)—

i

in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “ relevant functions ”;

ii

in sub-paragraph (4)(b), for the words from “by a” to the end substitute “ by or under anything mentioned in sub-paragraph (5)(a) to (c) ”;

iii

in sub-paragraph (5)—

aa

for “The relevant enactments are” substitute “ “Relevant functions” means functions exercisable by virtue of ”;

bb

in paragraph (b), at the end insert “ or ”;

cc

in paragraph (c), for the words from the beginning to “which” substitute “ anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and ”;

dd

omit paragraph (d) and the “and” before it.

8

In Schedule 18 (public sector equality duty: exceptions), in paragraph 2 (immigration) in sub-paragraph (2)(h), for the words from the beginning to “which” substitute “ anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and ”.

9

In Schedule 23 (general exceptions), in paragraph 4 (training provided to non-EEA residents, etc) —

a

in the heading, omit “EEA”;

b

in sub-paragraph (2), for “an EEA state” substitute “ Great Britain ”;

c

omit sub-paragraph (5)(a).